Trustees of Independent Presbyterian Church & Society v. Proctor

Citations

• 66 Ill. 11

Syllabus

<p>Injunction—bill by trustees of church to restrain pastor'from, officiating in pulpit. Upon bill in chancery, by the trustees of an independent church organization, to restrain their pastor from longer officiating as such, it appeared that the church had no connection with any religious denomination, but was governed by its own rules and customs. One of the customs of the church and society was to elect a pastor every year. In this way, the defendant was elected in 1868,1869 and 1870, and again in 1871, and he accepted. After the last election, the church session and the church trustees decided not to retain him, but he declined to leave, the trustees claiming that they had the sole power to employ a pastor. They, however, failed to establish this claim: Held, that the facts and circumstances were not such as to justify the interference of a court of equity, it appearing that he remained in obedience to the vote of a majority of the society, whose wishes, according to the usages of the-church, should control.</p>